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Allowed14 January 20223281517

Carrington Farm Heanor Road, Smalley, Ilkeston, DE7 6DW

Planning appeal 3281517 at Carrington Farm Heanor Road, Smalley, Ilkeston, DE7 6DW (Amber Valley Borough Council) was allowed on 14 January 2022 by Inspector Wilson L, by written representations. The main issue, as the Inspector framed it: Whether or not the proposal is inappropriate development in the Green Belt for the purposes of the Framework and development plan policy, including an assessment of the effect of the proposal on the openness of the Green Belt.

Change of use from agricultural land to dog walking field (sui generis) including erection of fencing, creation of access, access drive and two visitor parking spaces

Authority
Amber Valley Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Wilson L
Postcode
DE7 6DW

Main issues, as the Inspector framed them

  • Whether or not the proposal is inappropriate development in the Green Belt for the purposes of the Framework and development plan policy, including an assessment of the effect of the proposal on the openness of the Green Belt
  • The effect of the proposal on the living conditions of the occupiers of neighbouring properties, having regard to noise and disturbance
  • If the development is inappropriate, whether the harm, by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, and if so, would this amount to the very special circumstances required to justify the proposal

What decided it

The proposal would preserve the openness of the Green Belt and not conflict with its purposes due to its scale, design, siting and the use of netted fencing behind existing hedgerows, and operating hour and customer number restrictions would prevent unacceptable noise and disturbance to neighbouring residents.

What the Inspector cited

Development plan policies
Policy EN2Policy LS1Policy LS3Policy ER11Policy EN16
National Planning Policy Framework
Paragraph 11Paragraph 12Paragraph 15Paragraph 149Paragraph 150Paragraph 219

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.